Bankers Trust New York Corp. v. Renting Office, Inc.

— Appeal from an order of the *1141Supreme Court at Special Term (Cholakis, J.), entered April 19, 1982 in Sullivan County, which, inter alia, granted, upon reargument, summary judgment for plaintiff in its foreclosure action, severed for separate trial the appealing defendants’ counterclaim for fraud, and dismissed all of said defendants’ other counterclaims and affirmative defenses. In 1971, plaintiff’s subsidiary and predecessor in interest, Sackman-Gilliland Corp., provided a $950,000 construction loan, secured by a real estate mortgage, to Harvey Road Realty Corp. (Harvey) to enable it to…